COMPLIANCE MONITORING

Raleigh City Code pt. 8, ch. 2, art. C, div. 6

in effect

Raleigh City Code § 8-2140 MONITORING FACILITIES.

Sec. 8-2140. - MONITORING FACILITIES. (a) The City requires the user to provide and operate, at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the Building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. (b) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. (c) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the City. (Ord. No. 2011-981, §1, 12-6-11)

Raleigh City Code § 8-2140.1 INSPECTION AND SAMPLING.

Sec. 8-2140.1. - INSPECTION AND SAMPLING. The City will inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where waste water is created and discharged shall allow the City, Approval Authority and the EPA or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties. The City, Approval Authority, and the EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, Approval Authority and the EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Denial of the POTW Director's, City's, Approval Authority's, or the EPA's access to the user's premises shall be a violation of this article. Unreasonable delays may constitute denial of access. (Ord. No. 2011-981, §1, 12-6-11)

Raleigh City Code § 8-2140.2 SEARCH WARRANTS.

Sec. 8-2140.2. - SEARCH WARRANTS. If the POTW Director, City, Approval Authority, or the EPA, has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the POTW Director, City, Approval Authority, or the EPA may seek issuance of a search warrant. (Ord. No. 2011-981, §1, 12-6-11)

Raleigh City Code § 8-2140.3 CONFIDENTIAL INFORMATION.

Sec. 8-2140.3. - CONFIDENTIAL INFORMATION. (a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the POTW Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data. (b) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this article, the National Pollutant Discharge Elimination System (NPDES) permit, non-discharge permit, and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Waste water constituents and characteristics will not be recognized as confidential information. (c) All records relating to compliance with pretreatment standards shall be made available to officials of the Approval Authority and the EPA upon request. (Ord. No. 2011-981, §1, 12-6-11)

Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT8PUUT_CH2WASESE_ARTCUSSASESY_DIV6COMOFetched: 11/1/2026